CONTENTS
|
PART 1 |
| HOUSING CONDITIONS |
| CHAPTER 1 |
| ENFORCEMENT OF HOUSING STANDARDS: GENERAL |
| New system for assessing housing conditions |
| Section | |
| 1 | New system for assessing housing conditions and enforcing housing standards |
| 2 | Meaning of "category 1 hazard" and "category 2 hazard"
|
Procedure for assessing housing conditions |
| 3 | Local housing authorities to review housing conditions in their districts |
| 4 | Inspections by local housing authorities to see whether category 1 or 2 hazards exist
|
Enforcement of housing standards |
| 5 | Category 1 hazards: general duty to take enforcement action |
| 6 | Category 1 hazards: how duty under section 5 operates in certain cases |
| 7 | Category 2 hazards: powers to take enforcement action |
| 8 | Reasons for decision to take enforcement action |
| 9 | Guidance about inspections and enforcement action |
| 10 | Consultation with fire and rescue authorities in certain cases
|
CHAPTER 2 |
| IMPROVEMENT NOTICES, PROHIBITION ORDERS AND HAZARD AWARENESS NOTICES |
| Improvement notices |
| 11 | Improvement notices relating to category 1 hazards: duty of authority to serve notice |
| 12 | Improvement notices relating to category 2 hazards: power of authority to serve notice |
| 13 | Contents of improvement notices |
| 14 | Suspension of improvement notices |
| 15 | Operation of improvement notices |
| 16 | Revocation and variation of improvement notices |
| 17 | Review of suspended improvement notices |
| 18 | Service of improvement notices etc. and related appeals |
| 19 | Change in person liable to comply with improvement notice
|
Prohibition orders |
| 20 | Prohibition orders relating to category 1 hazards: duty of authority to make order |
| 21 | Prohibition orders relating to category 2 hazards: power of authority to make order |
| 22 | Contents of prohibition orders |
| 23 | Suspension of prohibition orders |
| 24 | Operation of prohibition orders |
| 25 | Revocation and variation of prohibition orders |
| 26 | Review of suspended prohibition orders |
| 27 | Service of copies of prohibition orders etc. and related appeals
|
Hazard awareness notices |
| 28 | Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice |
| 29 | Hazard awareness notices relating to category 2 hazards: power of authority to serve notice
|
Enforcement: improvement notices |
| 30 | Offence of failing to comply with improvement notice |
| 31 | Enforcement action by local housing authorities
|
Enforcement: prohibition orders |
| 32 | Offence of failing to comply with prohibition order etc. |
| 33 | Recovery of possession of premises in order to comply with order |
| 34 | Power of tribunal to determine or vary lease
|
Enforcement: improvement notices and prohibition orders |
| 35 | Power of court to order occupier or owner to allow action to be taken on premises |
| 36 | Power of court to authorise action by one owner on behalf of another
|
Supplementary provisions |
| 37 | Effect of improvement notices and prohibition orders as local land charges |
| 38 | Savings for rights arising from breach of covenant etc. |
| 39 | Effect of Part 4 enforcement action and redevelopment proposals
|
CHAPTER 3 |
| EMERGENCY MEASURES |
| Emergency remedial action |
| 40 | Emergency remedial action |
| 41 | Notice of emergency remedial action |
| 42 | Recovery of expenses of taking emergency remedial action
|
Emergency prohibition orders |
| 43 | Emergency prohibition orders |
| 44 | Contents of emergency prohibition orders
|
Appeals |
| 45 | Appeals relating to emergency measures
|
CHAPTER 4 |
| DEMOLITION ORDERS AND SLUM CLEARANCE DECLARATIONS |
| Demolition orders |
| 46 | Demolition orders
|
Slum clearance declarations |
| 47 | Clearance areas
|
Appeals |
| 48 | Transfer of jurisdiction in respect of appeals relating to demolition orders etc.
|
CHAPTER 5 |
| GENERAL AND MISCELLANEOUS PROVISIONS RELATING TO ENFORCEMENT ACTION |
| Recovery of expenses relating to enforcement action |
| 49 | Power to charge for certain enforcement action |
| 50 | Recovery of charge under section 49
|
Repeals |
| 51 | Repeal of power to improve existing enforcement procedures |
| 52 | Repeal of provisions relating to demolition of obstructive buildings |
| 53 | Miscellaneous repeals etc. in relation to fire hazards
|
Index |
| 54 | Index of defined expressions: Part 1
|
PART 2 |
| LICENSING OF HOUSES IN MULTIPLE OCCUPATION |
| Introductory |
| 55 | Licensing of HMOs to which this Part applies
|
Designation of additional licensing areas |
| 56 | Designation of areas subject to additional licensing |
| 57 | Designations under section 56: further considerations |
| 58 | Designation needs confirmation or general approval to be effective |
| 59 | Notification requirements relating to designations |
| 60 | Duration, review and revocation of designations
|
HMOs required to be licensed |
| 61 | Requirement for HMOs to be licensed |
| 62 | Temporary exemption from licensing requirement
|
Grant or refusal of licences |
| 63 | Applications for licences |
| 64 | Grant or refusal of licence |
| 65 | Tests as to suitability for multiple occupation |
| 66 | Tests for fitness etc. and satisfactory management arrangements |
| 67 | Licence conditions |
| 68 | Licences: general requirements and duration
|
Variation and revocation of licences |
| 69 | Variation of licences |
| 70 | Revocation of licences
|
Procedure and appeals |
| 71 | Procedural requirements and appeals against licence decisions
|
Enforcement |
| 72 | Offences in relation to licensing of HMOs |
| 73 | Other consequences of operating unlicensed HMOs: rent repayment orders |
| 74 | Further provisions about rent repayment orders |
| 75 | Other consequences of operating unlicensed HMOs: restriction on terminating tenancies
|
Supplementary provisions |
| 76 | Transitional arrangements relating to introduction and termination of licensing |
| 77 | Meaning of "HMO" |
| 78 | Index of defined expressions: Part 2
|
PART 3 |
| SELECTIVE LICENSING OF OTHER RESIDENTIAL ACCOMMODATION |
| Introductory |
| 79 | Licensing of houses to which this Part applies
|
Designation of selective licensing areas |
| 80 | Designation of selective licensing areas |
| 81 | Designations under section 80: further considerations |
| 82 | Designation needs confirmation or general approval to be effective |
| 83 | Notification requirements relating to designations |
| 84 | Duration, review and revocation of designations
|
Houses required to be licensed |
| 85 | Requirement for Part 3 houses to be licensed |
| 86 | Temporary exemption from licensing requirement
|
Grant or refusal of licences |
| 87 | Applications for licences |
| 88 | Grant or refusal of licence |
| 89 | Tests for fitness etc. and satisfactory management arrangements |
| 90 | Licence conditions |
| 91 | Licences: general requirements and duration
|
Variation and revocation of licences |
| 92 | Variation of licences |
| 93 | Revocation of licences
|
Procedure and appeals |
| 94 | Procedural requirements and appeals against licence decisions
|
Enforcement |
| 95 | Offences in relation to licensing of houses under this Part |
| 96 | Other consequences of operating unlicensed houses: rent repayment orders |
| 97 | Further provisions about rent repayment orders |
| 98 | Other consequences of operating unlicensed houses: restriction on terminating tenancies
|
Supplementary provisions |
| 99 | Meaning of "house" etc. |
| 100 | Index of defined expressions: Part 3
|
PART 4 |
| ADDITIONAL CONTROL PROVISIONS IN RELATION TO RESIDENTIAL ACCOMMODATION |
| CHAPTER 1 |
| INTERIM AND FINAL MANAGEMENT ORDERS |
| Introductory |
| 101 | Interim and final management orders: introductory
|
Interim management orders: making and operation of orders |
| 102 | Making of interim management orders |
| 103 | Special interim management orders |
| 104 | The health and safety condition |
| 105 | Operation of interim management orders |
| 106 | Local housing authority's duties once interim management order in force |
| 107 | General effect of interim management orders |
| 108 | General effect of interim management orders: leases and licences granted by authority |
| 109 | General effect of interim management orders: immediate landlords, mortgagees etc. |
| 110 | Financial arrangements while order is in force
|
Interim management orders: variation and revocation |
| 111 | Variation of interim management orders |
| 112 | Revocation of interim management orders
|
Final management orders: making and operation of orders |
| 113 | Making of final management orders |
| 114 | Operation of final management orders |
| 115 | Local housing authority's duties once final management order in force |
| 116 | General effect of final management orders |
| 117 | General effect of final management orders: leases and licences granted by authority |
| 118 | General effect of final management orders: immediate landlords, mortgagees etc. |
| 119 | Management schemes and accounts |
| 120 | Enforcement of management scheme by relevant landlord
|
Final management orders: variation and revocation |
| 121 | Variation of final management orders |
| 122 | Revocation of final management orders
|
Interim and final management orders: procedure and appeals |
| 123 | Procedural requirements and appeals
|
Interim and final management orders: other general provisions |
| 124 | Effect of management orders: occupiers |
| 125 | Effect of management orders: agreements and legal proceedings |
| 126 | Effect of management orders: furniture |
| 127 | Management orders: power to supply furniture |
| 128 | Compensation payable to third parties |
| 129 | Termination of management orders: financial arrangements |
| 130 | Termination of management orders: leases, agreements and proceedings |
| 131 | Management orders: power of entry to carry out work
|
CHAPTER 2 |
| INTERIM AND FINAL EMPTY DWELLING MANAGEMENT ORDERS |
| Introductory |
| 132 | Empty dwelling management orders: introductory
|
Interim empty dwelling management orders |
| 133 | Making of interim EDMOs |
| 134 | Authorisation to make interim EDMOs |
| 135 | Local housing authority's duties once interim EDMO in force
|
Final empty dwelling management orders |
| 136 | Making of final EDMOs |
| 137 | Local housing authority's duties once final EDMO in force
|
Compensation |
| 138 | Compensation payable to third parties
|
CHAPTER 3 |
| OVERCROWDING NOTICES |
| 139 | Service of overcrowding notices |
| 140 | Contents of overcrowding notices |
| 141 | Requirement as to overcrowding generally |
| 142 | Requirement as to new residents |
| 143 | Appeals against overcrowding notices |
| 144 | Revocation and variation of overcrowding notices
|
CHAPTER 4 |
| SUPPLEMENTARY PROVISIONS |
| 145 | Supplementary provisions |
| 146 | Interpretation and modification of this Part |
| 147 | Index of defined expressions: Part 4
|
PART 5 |
| HOME INFORMATION PACKS |
| Preliminary |
| 148 | Meaning of "residential property" and "home information pack" |
| 149 | Meaning of "on the market" and related expressions |
| 150 | Acting as estate agent
|
Responsibility for marketing residential properties |
| 151 | Responsibility for marketing: general |
| 152 | Responsibility of person acting as estate agent |
| 153 | Responsibility of the seller
|
Duties of a responsible person where a property is on the market |
| 154 | Application of sections 155 to 158 |
| 155 | Duty to have a home information pack |
| 156 | Duty to provide copy of home information pack on request
|
Register of home condition reports |
| 157 | Section 156 (1) duty: imposition of conditions |
| 158 | Duty to ensure authenticity of documents in other situations
|
Other duties of person acting as estate agent |
| 159 | Other duties of person acting as estate agent
|
Exceptions from the duties |
| 160 | Residential properties not available with vacant possession |
| 161 | Power to provide for further exceptions |
| 162 | Suspension of duties under sections 155 to 159
|
Contents of home information packs |
| 163 | Contents of home information packs |
| 164 | Home condition reports
|
Register of home condition reports |
| 165 | Register of home condition reports
|
Enforcement |
| 166 | Enforcement authorities |
| 167 | Power to require production of home information packs |
| 168 | Penalty charge notices |
| 169 | Offences relating to enforcement officers |
| 170 | Right of private action
|
Supplementary |
| 171 | Application of Part to sub-divided buildings |
| 172 | Power to require estate agents to belong to a redress scheme |
| 173 | Approval of redress schemes |
| 174 | Withdrawal of approval of redress schemes |
| 175 | Office of Fair Trading |
| 176 | Grants |
| 177 | Interpretation of Part 5 |
| 178 | Index of defined expressions: Part 5
|
PART 6 |
| OTHER PROVISIONS ABOUT HOUSING |
| CHAPTER 1 |
| SECURE TENANCIES |
| Introductory tenancies |
| 179 | Extension of introductory tenancies
|
Right to buy: when exercisable |
| 180 | Extension of qualifying period for right to buy |
| 181 | Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies |
| 182 | Exceptions to the right to buy: houses due to be demolished |
| 183 | Right to buy: claim suspended or terminated by demolition notice |
| 184 | Landlord's notice to complete
|
Right to buy: discounts |
| 185 | Repayment of discount: periods and amounts applicable |
| 186 | Repayment of discount: increase attributable to home improvements to be disregarded |
| 187 | Deferred resale agreements
|
Right to buy: landlord's right of first refusal |
| 188 | Right of first refusal for landlord etc.
|
Right to buy: information |
| 189 | Information to help tenants decide whether to exercise right to buy etc.
|
Right to buy: termination of rent to mortgage scheme |
| 190 | Termination of rent to mortgage scheme
|
Suspension of certain rights in connection with anti-social behaviour |
| 191 | Secure tenancies: withholding of consent to mutual exchange |
| 192 | Right to buy: suspension by court order |
| 193 | Right to buy: suspension of landlord's obligation to complete |
| 194 | Disclosure of information as to orders etc. in respect of anti-social behaviour
|
CHAPTER 2 |
| DISPOSALS ATTRACTING DISCOUNTS OTHER THAN UNDER RIGHT TO BUY |
| Disposals by local authorities |
| 195 | Repayment of discount: periods and amounts applicable |
| 196 | Repayment of discount: increase attributable to home improvements to be disregarded |
| 197 | Local authority's right of first refusal |
| 198 | Deferred resale agreements
|
Disposals by registered social landlords |
| 199 | Repayment of discount: periods and amounts payable |
| 200 | Registered social landlord's right of first refusal |
| 201 | Deferred resale agreements |
| 202 | Right of assured tenant to acquire dwelling not affected by collective enfranchisement
|
Disposals by housing action trusts |
| 203 | Repayment of discount: periods and amounts payable |
| 204 | Housing action trust's right of first refusal |
| 205 | Deferred resale agreements
|
CHAPTER 3 |
| MOBILE HOMES |
| Site agreements |
| 206 | Particulars of site agreements to be given in advance |
| 207 | Implied terms relating to termination of agreements or disposal of mobile homes |
| 208 | Power to amend terms implied in site agreements
|
Protection from eviction etc. |
| 209 | Protected sites to include sites for gypsies |
| 210 | Extension of protection from harassment for occupiers of mobile homes |
| 211 | Suspension of eviction orders
|
CHAPTER 4 |
| TENANCY DEPOSIT SCHEMES |
| 212 | Tenancy deposit schemes |
| 213 | Requirements relating to tenancy deposits |
| 214 | Proceedings relating to tenancy deposits |
| 215 | Sanctions for non-compliance
|
CHAPTER 5 |
| MISCELLANEOUS |
| Overcrowding |
| 216 | Overcrowding
|
Energy efficiency |
| 217 | Energy efficiency of residential accommodation: England
|
Registered social landlords |
| 218 | Amendments relating to registered social landlords |
| 219 | Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998
|
Other provisions relating to social housing |
| 220 | Additional power to give grants for social housing |
| 221 | Extension of right to acquire |
| 222 | Rights of pre-emption in connection with assured tenancies |
| 223 | Allocation of housing accommodation by local authorities
|
Disabled facilities grant |
| 224 | Disabled facilities grant: caravans
|
Accommodation needs of gypsies and travellers |
| 225 | Duties of local housing authorities: accommodation needs of gypsies and travellers |
| 226 | Guidance in relation to section 225
|
Annual reports by local housing authorities |
| 227 | Removal of duty on local housing authorities to send annual reports to tenants etc.
|
Social Housing Ombudsman for Wales |
| 228 | Social Housing Ombudsman for Wales
|
PART 7 |
| SUPPLEMENTARY AND FINAL PROVISIONS |
| Residential property tribunals |
| 229 | Residential property tribunals |
| 230 | Powers and procedure of residential property tribunals |
| 231 | Appeals from residential property tribunals
|
Register of licences and management orders |
| 232 | Register of licences and management orders
|
Codes of practice and management regulations relating to HMOs etc. |
| 233 | Approval of codes of practice with regard to the management of HMOs etc. |
| 234 | Management regulations in respect of HMOs
|
Information provisions |
| 235 | Power to require documents to be produced |
| 236 | Enforcement of powers to obtain information |
| 237 | Use of information obtained for certain other statutory purposes |
| 238 | False or misleading information
|
Enforcement |
| 239 | Powers of entry |
| 240 | Warrant to authorise entry |
| 241 | Penalty for obstruction |
| 242 | Additional notice requirements for protection of owners
|
Authorisations |
| 243 | Authorisations for enforcement purposes etc.
|
Documents |
| 244 | Power to prescribe forms |
| 245 | Power to dispense with notices |
| 246 | Service of documents |
| 247 | Licences and other documents in electronic form |
| 248 | Timing and location of things done electronically |
| 249 | Proof of designations
|
Other supplementary provisions |
| 250 | Orders and regulations |
| 251 | Offences by bodies corporate |
| 252 | Power to up-rate level of fines for certain offences |
| 253 | Local inquiries
|
Meaning of "house in multiple occupation" |
| 254 | Meaning of "house in multiple occupation" |
| 255 | HMO declarations |
| 256 | Revocation of HMO declarations |
| 257 | HMOs: certain converted blocks of flats |
| 258 | HMOs: persons not forming a single household |
| 259 | HMOs: persons treated as occupying premises as only or main residence |
| 260 | HMOs: presumption that sole use condition or significant use condition is met
|
Other general interpretation provisions |
| 261 | Meaning of "appropriate national authority", "local housing authority" etc. |
| 262 | Meaning of "lease", "tenancy", "occupier" and "owner" etc. |
| 263 | Meaning of "person having control" and "person managing" etc. |
| 264 | Calculation of numbers of persons
|
Final provisions |
| 265 | Minor and consequential amendments |
| 266 | Repeals |
| 267 | Devolution: Wales |
| 268 | The Isles of Scilly |
| 269 | Expenses |
| 270 | Short title, commencement and extent |
| | |